113 judgments found.

Rosemary Namubiru v. Uganda

Country: Uganda
Year: 2014
Court: High Court
Citation: HCT-00-CR-CN---0050-2014
Health Topics: Aging, Child and adolescent health, HIV/AIDS, Hospitals, Infectious diseases, Medical malpractice
Facts:

Appellant Rosemary Namubiru was charged with and convicted of committing a negligent act likely to spread infection of disease, contrary to Section 171 of Uganda’s Penal Code Act. Appellant worked as a nurse at Victoria Clinic, a public hospital in Kampala. On 7 January 2013, appellant began intravenous administration of antibiotics to two-year-old Mathew Mushabe. …Read more

Tags: Aged persons, Duty of care, Elderly, Infant health; Pediatric health; Minor, Negligence; Standard of care; Health care workers; Health care professionals, Older persons, Public hospitals; HIV; HIV positive; Transmission; Hepatitis
Download Judgment: English

Buthelezi v Ndaba

Country: South Africa
Year: 2013
Court: The Supreme Court of Appeal of South Africa
Citation: [2013] ZASCA 72
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity
Facts:

The respondent patient had filed a claim of negligence against the appellant doctor. She alleged that she suffered from urine incontinence after her hysterectomy surgery performed by the appellant. When she consulted a urologist, it was found that a fistula or hole was present in the patient’s bladder wall. In the High Court, there was …Read more

Tags: Compensation, Damages, Duty of care, Health facilities, Negligence, Private hospitals, Remedies, Standard of care
Download Judgment: English

Case EKD/0077/11/12

Country: Armenia
Year: 2013
Court: Court of Cassation (Հայաստանի Հանրապետության Վճռաբեկ դատարան)
Citation: Case No. ‘ԵԿԴ/0077/11/12’
Health Topics: Health care and health services, Hospitals, Infectious diseases, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to life
Facts:

Arman Antonyan, the son of the applicant Susanna Antonyan, died upon receiving treatment at a medical institution. A. Antonyan’s death was caused by acute liver failure resulted from the fulminant viral malignant hepatitis B. On May 31, 2010, S. Antonyan reported to the RA General Prosecutor’s Office that after her son A. Antonyan received treatment …Read more

Tags: Duty of care, Emergency care, Examination, Health care professionals, Health care workers, Health facilities, Hepatitis, Infertility, Negligence, Public hospitals, Testing
Download Judgment: English Armenian

Cojocaru v. British Columbia Women’s Hospital and Health Centre

Country: Canada
Year: 2013
Court: Supreme Court
Citation: 2013 SCC 30
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
Facts:

The plaintiff, who had previously given birth via caesarean section, was due to give birth a second time. Her obstetrician recommended a vaginal birth. During labor, Cojocaru’s uterus ruptured, which restricted oxygen supply to the baby. The scar from the previous caesarean contributed to the rupture, and an emergency caesarean section was performed. The baby …Read more

Tags: Caesarean, Child development, Childbirth, Children, Compensation, Counseling, Damages, Differently abled, Disabled, Duty of care, Emergency care, Examination, Handicapped, Health care professionals, Health care workers, Inadequate treatment, Infant health, Informed choice, Maternal health, Minor, Negligence, Neurological diseases, Noncommunicable diseases, Parental consent, Parental notification, Physically challenged, Pregnancy, Public hospitals, Remedies, Standard of care, Tort
Download Judgment: English French

Csoma v. Romania

Country: Romania
Year: 2013
Court: European Court of Human Rights
Citation: Application No.8759/05
Health Topics: Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The applicant, Ms. Julia Kinga Csoma, alleged that her gynecologist had committed “grievous unintentional bodily harm and negligence” due to serious medical errors in her treatment. Csoma became pregnant in January 2002.  Her pregnancy was monitored by a gynecologist at the town hospital where Csoma worked as a nurse.  The fetus was diagnosed with hydrocephalus, …Read more

Tags: Abortion, Abortion technique, Damages, Diagnostics, Duty of care, Health care professionals, Health care workers, Health facilities, Health records, Infertility, Informed choice, Medical records, Negligence, Non-consensual testing and treatment, Non-pecuniary damage, Patient choice, Public hospitals, Remedies, Sterilization, Termination of pregnancy, Tort
Download Judgment: English

Ediger v. Johnston

Country: Canada
Year: 2013
Court: Supreme Court of Canada
Citation: 2013 SCC 18
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to health
Facts:

The plaintiff, Cassidy Ediger (C) suffered from persistent bradycardia (slow heartrate) during birth resulting in severe brain damage. During the delivery procedure, the doctor attempted a mid-level forceps procedure as C’s mother’s labour was not progressing. Dr. Johnston did not inform C’s mother of the risks involved in the procedure including bradycardia and hence did …Read more

Tags: Compensation, Damages, Differently abled, Disclosure, Duty of care, Emergency care, Health care professionals, Infant health, Informed consent, Medical negligence, Negligence, Standard of care, Tort
Download Judgment: English

Mehmet Senturk and Bekir Senturk v. Turkey

Country: Turkey
Year: 2013
Court: The European Court of Human Rights
Citation: Application No. 13423/09
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medical malpractice, Medicines, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The first applicant took his pregnant wife to the Izmir Pubic Hospital. A midwife examined his wife and the duty gynecologist was not called. As the applicant’s wife was experiencing continuous pain, he took her to another hospital- Atatruk Research and Teaching Hospital. An Assistant Doctor examined her and thereafter referred her to the Urology …Read more

Tags: Access to health care, Access to treatment, Child mortality, Childbirth, Children, Clinics, Diagnostics, Duty of care, Emergency care, Examination, Health expenditures, Health facilities, Health funding, Inadequate treatment, Inappropriate treatment, Maternal health, Maternal mortality, Midwifery, Misdiagnosis, Negligence, Pharmaceuticals, Private hospitals, Public hospitals
Download Judgment: English

Peter Mule Muthungu (suing as administrator and Personal representative of thereafter Estate of Jane Mueningui) v. Kenyatta National Hospital

Country: Kenya
Year: 2013
Court: High Court at Nairobi
Citation: Civil Suit 364 of 2007
Health Topics: Health information, Medical malpractice
Human Rights: Right of access to information
Facts:

As the administrator of the deceased’s estate, the plaintiff sought the medical records of the deceased from the defendant hospital. The plaintiff had separately filed a medical negligence suit against the defendant. The plaintiff and his counsel determined that the hospital records, which related to the deceased’s treatment before death, were necessary for the negligence …Read more

Tags: Confidentiality, Duty of care, Freedom of information, Health data, Health records, Medical records, Negligence
Download Judgment: English

Salakhov and Islyamova v. Ukraine

Country: Ukraine
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 28005/08
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals, Medical malpractice, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The first applicant is Mr. Linar Irekovich Salakhov, who alleged that he had not received prompt and adequate medical care while in detention. Following his death, his mother Ms. Aliya Fazylovna Islyamova pursued the application on his behalf and joined her own complaints to the case. In 2005, Salakhov first tested positive for HIV, though …Read more

Tags: Access to health care, Access to treatment, AIDS, Custody, Detainee, Detention, Diagnostics, Duty of care, Emergency care, Examination, Health care professionals, Health care workers, Health records, HIV, HIV positive, HIV status, Inadequate treatment, Inappropriate treatment, Medical records, Misdiagnosis, Negligence, People living with HIV/AIDS, Police, Public hospitals, Remedies, Standard of care, Testing, Trauma
Download Judgment: English